DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner’s Amendment
1. (Currently amended) An assistance control device comprising:
a first obtainment unit which obtains position information of a first vehicle detected in the first vehicle and information indicating a travel lane of the first vehicle detected by analyzing an image captured by a capturing device provided in the first vehicle;
a position determination unit which determines a position of the first vehicle on a map based on the position information of the first vehicle and the information indicating the travel lane of the first vehicle, which are obtained by the first obtainment unit;
an assistance control unit which performs control for traffic assistance for the first vehicle based on the position determined by the position determination unit; and
a second obtainment unit which obtains position information of a second vehicle detected in the second vehicle, which is a vehicle other than the first vehicle, information indicating a travel lane of the second vehicle detected by analyzing an image captured by a capturing device provided in the second vehicle, and information indicating a travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, wherein
when the capturing device provided in the second vehicle is a first capturing device for capturing a view ahead of the second vehicle, the position determination unit determines whether the first vehicle is a vehicle traveling ahead of the second vehicle based on the position information of the first vehicle and the position information of the second vehicle, and if determining that the first vehicle is a vehicle traveling ahead of the second vehicle, determines a position of the first vehicle on a map based on the position information of the first vehicle and the information indicating the travel lane of the first vehicle, which are obtained by the first obtainment unit, and the position information of the second vehicle, the information indicating the travel lane of the second vehicle detected by analyzing an image captured by the first capturing device, and the information indicating the travel lane of the first vehicle detected by analyzing an image captured by the first capturing device, which are obtained by the second obtainment unit.
2. (Currently amended) The assistance control device according to claim 1,
wherein the position determination unit determines a position of the first vehicle on a map based on the position information of the first vehicle and the information indicating the travel lane of the first vehicle, which are obtained by the first obtainment unit, and the position information of the second vehicle, the information indicating the travel lane of the second vehicle, and the information indicating the travel lane of the first vehicle, which are obtained by the second obtainment unit.
3. (Canceled)
4. (Original) The assistance control device according to claim 2, wherein when the capturing device provided in the second vehicle is a second capturing device for capturing a view behind the second vehicle, the position determination unit determines whether the first vehicle is a vehicle traveling behind the second vehicle based on the position information of the first vehicle and the position information of the second vehicle, and if determining that the first vehicle is a vehicle traveling behind the second vehicle, determines a position of the first vehicle on a map based on the position information of the first vehicle and the information indicating the travel lane of the first vehicle, which are obtained by the first obtainment unit, and the position information of the second vehicle, the information indicating the travel lane of the second vehicle detected by analyzing an image captured by the second capturing device, and the information indicating the travel lane of the first vehicle detected by analyzing an image captured by the second capturing device, which are obtained by the second obtainment unit.
5. (Original) The assistance control device according to claim 2, wherein the second obtainment unit further obtains distance information from the second vehicle to the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, and
the position determination unit further determines the position of the first vehicle on a map based on the distance information from the second vehicle to the first vehicle obtained by the second obtainment unit.
6. (Original) The assistance control device according to claim 1, wherein the first obtainment unit further obtains detection precision information of the travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the first vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the travel lane of the first vehicle obtained by the first obtainment unit.
7. (Original) The assistance control device according to claim 2, wherein the second obtainment unit further obtains detection precision information of the travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the travel lane of the first vehicle obtained by the second obtainment unit.
8. (Original) The assistance control device according to claim 1, wherein the first obtainment unit further obtains detection precision information of the position information of the first vehicle detected in the first vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the position information of the first vehicle obtained by the first obtainment unit.
9. (Original) The assistance control device according to claim 2, wherein the second obtainment unit further obtains detection precision information of the position information of the second vehicle detected in the second vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the position information of the second vehicle obtained by the second obtainment unit.
10. (Original) The assistance control device according to claim 5, wherein the second obtainment unit further obtains detection precision information of the distance information from the second vehicle to the first vehicle, and
the position determination unit further determines the position of the first vehicle on a map based on the detection precision information of the distance information from the second vehicle to the first vehicle obtained by the second obtainment unit.
11. (Currently amended) The assistance control device according to claim [[3]] 1, wherein the second obtainment unit further obtains distance information from the second vehicle to the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, and
the position determination unit further determines the position of the first vehicle on a map based on the distance information from the second vehicle to the first vehicle obtained by the second obtainment unit.
12. (Original) The assistance control device according to claim 4, wherein the second obtainment unit further obtains distance information from the second vehicle to the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, and
the position determination unit further determines the position of the first vehicle on a map based on the distance information from the second vehicle to the first vehicle obtained by the second obtainment unit.
13. (Original) The assistance control device according to claim 2, wherein the first obtainment unit further obtains detection precision information of the travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the first vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the travel lane of the first vehicle obtained by the first obtainment unit.
14. (Currently amended) The assistance control device according to claim [[3]] 1, wherein the first obtainment unit further obtains detection precision information of the travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the first vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the travel lane of the first vehicle obtained by the first obtainment unit.
15. (Original) The assistance control device according to claim 4, wherein the first obtainment unit further obtains detection precision information of the travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the first vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the travel lane of the first vehicle obtained by the first obtainment unit.
16. (Currently amended) The assistance control device according to claim [[3]] 1, wherein the second obtainment unit further obtains detection precision information of the travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the travel lane of the first vehicle obtained by the second obtainment unit.
17. (Original) The assistance control device according to claim 4, wherein the second obtainment unit further obtains detection precision information of the travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the travel lane of the first vehicle obtained by the second obtainment unit.
18. (Original) The assistance control device according to claim 2, wherein the first obtainment unit further obtains detection precision information of the position information of the first vehicle detected in the first vehicle, and
the position determination unit further determines the position of the first vehicle based on the detection precision information of the position information of the first vehicle obtained by the first obtainment unit.
19. (Currently amended) An assistance control method comprising:
obtaining position information of a vehicle detected in the vehicle and information indicating a travel lane of the vehicle detected by analyzing an image captured by a capturing device provided in the vehicle;
determining a position of the vehicle on a map based on the position information of the vehicle and the information indicating the travel lane of the vehicle;
performing control for traffic assistance for the vehicle based on the position determined in the determining the position of the vehicle; and
obtaining position information of a second vehicle detected in the second vehicle, which is a vehicle other than the first vehicle, information indicating a travel lane of the second vehicle detected by analyzing an image captured by a capturing device provided in the second vehicle, and information indicating a travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, wherein
when the capturing device provided in the second vehicle is a first capturing device for capturing a view ahead of the second vehicle, determining whether the first vehicle is a vehicle traveling ahead of the second vehicle based on the position information of the first vehicle and the position information of the second vehicle, and if determined that the first vehicle is a vehicle traveling ahead of the second vehicle, determining a position of the first vehicle on a map based on the position information of the first vehicle and the information indicating the travel lane of the first vehicle, and the position information of the second vehicle, the information indicating the travel lane of the second vehicle detected by analyzing an image captured by the first capturing device, and the information indicating the travel lane of the first vehicle detected by analyzing an image captured by the first capturing device.
20. (Currently amended) A non-transitory computer-readable storage medium which stores a program thereon, wherein the program causes a computer to function as:
a first obtainment unit which obtains information indicating position information of a first vehicle detected in the first vehicle and information indicating a travel lane of the first vehicle detected by analyzing an image captured by a capturing device provided in the first vehicle;
a position determination unit which determines a position of the first vehicle on a map based on the position information of the first vehicle and the travel lane of the first vehicle, which are obtained by the first obtainment unit;
an assistance control unit which performs control for traffic assistance for the first vehicle based on the position determined by the position determination unit; and
a second obtainment unit which obtains position information of a second vehicle detected in the second vehicle, which is a vehicle other than the first vehicle, information indicating a travel lane of the second vehicle detected by analyzing an image captured by a capturing device provided in the second vehicle, and information indicating a travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, wherein
when the capturing device provided in the second vehicle is a first capturing device for capturing a view ahead of the second vehicle, the position determination unit determines whether the first vehicle is a vehicle traveling ahead of the second vehicle based on the position information of the first vehicle and the position information of the second vehicle, and if determining that the first vehicle is a vehicle traveling ahead of the second vehicle, determines a position of the first vehicle on a map based on the position information of the first vehicle and the information indicating the travel lane of the first vehicle, which are obtained by the first obtainment unit, and the position information of the second vehicle, the information indicating the travel lane of the second vehicle detected by analyzing an image captured by the first capturing device, and the information indicating the travel lane of the first vehicle detected by analyzing an image captured by the first capturing device, which are obtained by the second obtainment unit.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) ELEMENT IN CLAIM FOR A COMBINATION.—An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. In the Instant Application, the terms being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, are "assistance control device," "capturing device," "obtainment unit," "position determination unit," and "assistance control unit."
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If the Applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, the Applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed functions); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
Claims 1, 2, 4-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 2, 4-20 contain one or more of the following terms: "assistance control device," "capturing device," "obtainment unit," "position determination unit," and "assistance control unit."
The Instant Specification does not describe the structure of any of these units or devices, or give examples of embodiments. The figures only depict these terms as generic boxes within diagrams.
These limitations should either be removed, or be presented in a way that communicates the structure of the units and devices, consistent with the Instant Specification.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, 4-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite. These claims contain one or more of the following terms: "assistance control device," "capturing device," "obtainment unit," "position determination unit," and "assistance control unit." The Examiner was unable to ascertain what are the structural equivalents of these generic placeholder terms. These claims should be amended to be clearer in light of the Specification.
Allowable Subject Matter
Claims 1, 2, 4-20 are rejected under 35 USC § 112, but would be allowable if the rejections were overcome via an amendment, remarks, etc.
Fujita (U.S. Patent Publication 2021/0309231 A1) teaches a vehicle driving environment information generation device that detects the existence, position, and travel lane of a host vehicle as well as the same information related to obstacles that exist around the host vehicle’s travel lane (see Paragraph 25).
Ueda (U.S. Patent Publication 2019/0100199 A1) teaches a vehicle course prediction method that plots a surrounding vehicle’s position relative to a host vehicle on a map, based on acquired information about the surrounding vehicle (see Paragraph 25).
However, these references, and all other references included in the rejections above fail to teach the limitations of Claim 1, specifically: a first obtainment unit which obtains position information of a first vehicle detected in the first vehicle and information indicating a travel lane of the first vehicle detected by analyzing an image captured by a capturing device provided in the first vehicle;
a position determination unit which determines a position of the first vehicle on a map based on the position information of the first vehicle and the information indicating the travel lane of the first vehicle, which are obtained by the first obtainment unit;
an assistance control unit which performs control for traffic assistance for the first vehicle based on the position determined by the position determination unit; and
a second obtainment unit which obtains position information of a second vehicle detected in the second vehicle, which is a vehicle other than the first vehicle, information indicating a travel lane of the second vehicle detected by analyzing an image captured by a capturing device provided in the second vehicle, and information indicating a travel lane of the first vehicle detected by analyzing an image captured by the capturing device provided in the second vehicle, wherein
when the capturing device provided in the second vehicle is a first capturing device for capturing a view ahead of the second vehicle, the position determination unit determines whether the first vehicle is a vehicle traveling ahead of the second vehicle based on the position information of the first vehicle and the position information of the second vehicle, and if determining that the first vehicle is a vehicle traveling ahead of the second vehicle, determines a position of the first vehicle on a map based on the position information of the first vehicle and the information indicating the travel lane of the first vehicle, which are obtained by the first obtainment unit, and the position information of the second vehicle, the information indicating the travel lane of the second vehicle detected by analyzing an image captured by the first capturing device, and the information indicating the travel lane of the first vehicle detected by analyzing an image captured by the first capturing device, which are obtained by the second obtainment unit.
As a result of the features recited in Claim 1, the invention produces the advantageous effects of enabling a system that plots or maps a surrounding vehicle’s location relative to a host vehicle based on five different pieces of information that are obtained using measurement devices or methods of two different vehicles. This could increase the accuracy of detected positions of vehicles around a host vehicle, increasing safety and providing drivers or autonomous vehicle systems with better, more accurate, and redundant/cross-referenced information about the host vehicle’s surroundings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL W ARELLANO whose telephone number is (571)270-0102. The examiner can normally be reached M-F 7:30-4:30 EST.
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/PAUL W ARELLANO/Examiner, Art Unit 3667B
/VIVEK D KOPPIKAR/Supervisory Patent Examiner, Art Unit 3667
January 9, 2026